City of Moscow Mills, MO Article V Stealing and Related Offenses

§ 75.400 Stealing.

A person commits the offense of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion.

§ 75.401 Lost property.

A. A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of § 75.400 unless such property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.

B. The defendant shall have the burden of injecting the issue of lost property.

§ 75.402 Claim of right.

A. A person does not commit an offense under § 75.400 if, at the time of the appropriation, he:

1. Acted in the honest belief that he had the right to do so; or

2. Acted in the honest belief that the owner, if present, would have consented to the appropriation.

B. The defendant shall have the burden of injecting the issue of claim of right.

§ 75.410 Receiving stolen property.

A. A person commits the offense of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.

B. Evidence of the following is admissible in any prosecution under this section to prove the requisite knowledge or belief of the alleged receiver:

1. That he was found in possession or control of other property stolen on separate occasions from two or more persons;

2. That he received other stolen property in another transaction within the year preceding the transaction charged;

3. That he acquired the stolen property for a consideration which he knew was far below its reasonable value.

§ 75.420 Fraudulent use of a credit devise.

A. A person commits the offense of fraudulent use of a credit devise if he uses a credit device for the purpose of obtaining services or property, knowing that:

1. The device is stolen, fictitious or forged; or

2. The device has been revoked or canceled; or

3. For any other reason his use of the device is unauthorized.

§ 75.430 Passing bad check prohibited.

A. A person commits the offense of passing a bad check when:

1. With purpose to defraud, he/she makes, issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee; or

2. He/she makes, issues, or passes a check or other similar sight order for the payment of money, knowing that there are insufficient funds in his/her account or that there is no such account or no drawee and fails to pay the check or sight order within 10 days after receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the drawee or because there is no such drawee.

3. As used in Subsection A1, "actual notice in writing" means notice of the nonpayment which is actually received by the defendant. Such notice may include the service of summons upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons contains information of the ten-day period during which the instrument may be paid and that payment of the instrument within such ten-day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.